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BOND v. GOLDEN

No. 6116.

273 F.2d 265 (1959)

William T. BOND, Appellant, v. Charles Mills GOLDEN, Appellee.

United States Court of Appeals Tenth Circuit.

November 30, 1959.

Attorney(s) appearing for the Case

Robert J. Roth, Wichita, Kan. (R. C. Russell, Isabel Obee, Don C. Foss, Great Bend, Kan., A. W. Hershberger, Richard Jones, Wm. P. Thompson, H. E. Jones and Jerome E. Jones, Wichita, Kan., on the brief), for appellant.

Lawrence Weigand, Wichita, Kan. (Lawrence E. Curfman, Byron Brainerd, Charles W. Harris, Orval J. Kaufman, J. Ruse McCarthy, Donald A. Bell and Charles C. McCarter, Wichita, Kan., on the brief), for appellee.

Before BRATTON, LEWIS and BREITENSTEIN, Circuit Judges.

LEWIS, Circuit Judge.

Plaintiff-appellant urges error in the dismissal with prejudice of his complaint filed, after removal, in the United States District Court for the District of Kansas. Although the order of dismissal does not designate specific grounds therefor it is apparent that the trial court premised the dismissal upon a holding that plaintiff had failed to obtain proper service of process upon defendant and that such failure had resulted in barring plaintiff...

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